CPAP Makers Say Claims Related to Recall Should Be Dismissed

Philips RS North America LLC, the maker of recalled sleep apnea CPAP machines, is urging a federal court to dismiss multi-district litigation alleging the recall was negligently executed, as well as a variety of other fraud and consumer protection claims.

Philips said that claims related to its recall and post-recall conduct are preempted by the Federal Food, Drug, and Cosmetics Act which stops individuals from enforcing Food and Drug Administration regulations or seek recovery based on FDCA and FDA non-compliance, according to the company’s motion to dismiss filed Monday in the US District Court for the Western District of ...